WRITTEN QUESTION No. 1431/97 by Allan MACARTNEY to the Commission. Crosse and Blackwell closure in Peterhead, Scotland
Date: 1997-04-16
Institutions: European Parliament, MACARTNEY
Subjects: EU Member State, Scotland, approximation of laws, cessation of trading, job cuts, labour law, social policy, worker consultation, worker information, works council













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91997E1431

WRITTEN QUESTION No. 1431/97 by Allan MACARTNEY to the Commission. Crosse and Blackwell closure in Peterhead, Scotland  


Official Journal C 373 , 09/12/1997 P. 0128 





WRITTEN QUESTION P-1431/97 by Allan Macartney (ARE) to the Commission (16 April 1997)Subject: Crosse and Blackwell closure in Peterhead, ScotlandWill the Commission confirm whether the provisions of the Social Chapter, or any other European legislation in force or planned, would empower workers' access to information on the financial reasoning behind a decision to close one operation and transfer its activities to another plant elsewhere within a European Union or EEA Member State?Answer given by Mr Flynn on behalf of the Commission (29 May 1997)The agreement on social policy annexed to the social protocol does not impose on employers any obligations to inform and consult their employees. Article 2 of this agreement empowers the Council to adopt, by means of directives, minimum requirements on information and consultation of workers (Article 2(1) third indent) and on co-determination (Article 2(3) third indent).Article 2 of Council Directive 92/56/EEC ((OJ L 245, 2.8.1992. )) on collective redundancies obliges the employer to provide all relevant information to the workers' representatives in good time during the course of consultations and in any case to notify them in writing of the reasons for the redundancies which are envisaged.Council Directive 77/187/EEC ((OJ L 61, 5.3.1977. )) on transfers of undertakings imposes upon the transferor and the transferee the obligation to inform the representatives of their employees on the reasons of transfer. Such information must be given in good time before the transfer is carried out.Points 2 and 3 of the Annex to Council Directive 94/45/EC ((OJ L 254, 30.9.1994. )) on the European works council (EWC) lay down the information and consultation requirements, applicable in the case of absence of agreements, including the obligation to inform the EWC on the progress of the business and its prospects including its economic and financial situation.In the amended proposals for Council directives supplementing the statutes for a European company ((OJ C 176, 8.7.1991. )), a European association ((OJ C 236, 31.8.1993. )), a European co-operative5, a European mutual society5 and the amended proposal for a fifth directive concerning the structure of public limited companies and the powers and obligations of their organs ((OJ C 240, 9.9.1983. )), the procedures regarding the involvement of employees depend on the option of workers' involvement that would be chosen by the Member State concerned.The Commission will launch in the coming weeks the first stage consultation of the social partners at European level provided in article 3 of the agreement on social policy, on information and consultation of workers at national level. One of the main discussion points in this context is the reinforcement of the link between the economic or strategic aspects and the social aspects of management decisions within the existing procedures for informing and consulting employees' representatives.